Upbringing, education and state certification in universities: correlation of public and private law

Abstract

Education combines the processes of upbringing and education. It is necessary to critically evaluate the possibility of qualifying all educational relations only as relations for the provision of educational services. Education is a three-component process that includes education, upbringing and state final certification. The following elements can be distinguished in the educational process: 1) private law, consisting of a training service provided to the student; 2) administrative law, which is conducting a state final certification and issuing a document confirming that a person has an education and qualifications of the appropriate level; 3) public law, when students are educated and their personality is formed in the process of education. It is necessary to distinguish between the processes of learning and education: learning is part of the educational process and is a civil legal relationship, the subject of which is the creation of conditions for students to master educational programs, arising on the basis of not only the administrative act of the educational organization, but also the will of the student. Education is a complex process that includes, in addition to civil and administrative legal relations between an educational organization and a student, also a state element, which consists in the need to educate and form a personality based on the principles of humanism, patriotism, citizenship, respect for the environment, respect for traditional values.

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